Queen v Stephen Greenaway
| Jurisdiction | Northern Ireland |
| Judge | Kerr J |
| Judgment Date | 2002 |
| Neutral Citation | [2002] NICC 7 |
| Court | Crown Court (Northern Ireland) |
| Year | 2002 |
| Date | 22 January 2002 |
1
Neutral Citation no. [2000] NICC 7
Ref:
KERF3588
Judgment: approved by the Court for handing down Delivered:
22/01/2002
(subject to editorial corrections)
IN THE CROWN COURT FOR NORTHERN IRELAND
________
THE QUEEN
-v-
STEPHEN GREENAWAY
_________
KERR J
The accused, Stephen Greenaway, is charged with an offence of
possession of a firearm and ammunition in suspicious circumstances contrary
to Article 23 of the Firearms (Northern Ireland) Order 1981. It provides: -
“Without prejudice to any other provision of this
Order, a person who has in his possession any firearm
or ammunition under such circumstances as to give
rise to a reasonable suspicion that he does not have it
for a lawful object shall, unless he can show that he
had it in his possession for a lawful object, be guilty of
an offence.”
Mr Greenaway now applies for an order staying the case against him on the
basis that it would be an abuse of process to require him to answer a charge
which imposes a “persuasive” burden of proof on him. The applicant
contends that Article 23 of the 1981 Order imposes precisely such an onus on
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